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New Mexico

Restrictions on Young Women's Access to Abortion

New Mexico law restricts young women's access to abortion.

Is the law enforceable?  No.  The New Mexico attorney general stated that this pre-Roe v. Wade law is unconstitutional and unenforceable because it does not provide a constitutionally required judicial-bypass procedure.  N.M. Op. Att'y Gen. No. 90-19 (Oct. 3, 1990).

Who is considered a minor?  A young woman under the age of 18.

What is required parental consent or parental notice?  Consent.

Who must provide consent?  One parent.

Are there other trusted adults who may provide consent instead?  No.

What is the process for obtaining consent?  A young woman may not obtain an abortion unless the young woman and one parent request the procedure.

May the parental mandate be waived if a young woman is a victim of rape or incest?  No.

May the parental mandate be waived if a young woman is a victim of child abuse?  No.

May the parental mandate be waived if a young woman's health is threatened?  No.

May the parental mandate be waived under any other circumstances?  No.  The law has no judicial-bypass procedure.

If a young woman must obtain permission from a judge, what is the process?  Not applicable.

Are there other significant requirements under the law?  A young woman may not obtain an abortion unless the members of a "special hospital board" certify in writing that continuation of the pregnancy would threaten her life or cause "grave impairment of her physical or mental health," that the pregnancy resulted from rape or incest, or that birth would produce a child with a grave physical or mental defect.

Has a court considered the constitutionality of this law?  Yes.  A court held that these provisions, except the provision relating to minors, are unconstitutional to the extent that they conflict with Roe v. Wade, 410 U.S. 113 (1973), and Doe v. Bolton, 410 U.S. 179 (1973).  State v. Strance, 506 P.2d 1217 (N.M. Ct. App. 1973).  The New Mexico attorney general issued an opinion based on U.S. Supreme Court precedent stating that the law does not provide a constitutionally required bypass procedure and is therefore unenforceable.  N.M. Op. Att'y Gen. No. 90-19 (Oct. 3, 1990).

Other information about the law:  None.

N.M. Stat. Ann. § 30-5-1(C) (Enacted 1969).

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